MORNING SESSION

Senate Chamber, Olympia, Wednesday, December 14, 2011

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Parlette and Roach.

The Sergeant at Arms Color Guard consisting of Senate staff Judy Rogers-Lavigne and Colleen Rust, presented the Colors. Reverend Jim Erlandson of the Community of Christ Church of Olympia offered the prayer.

MOTION

On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.

MOTION

There being no objection, the Senate advanced to the first order of business.

REPORTS OF STANDING COMMITTEES

December 13, 2011

SB 5883 Prime Sponsor, Senator Murray: Relating to fiscal matters. Reported by Committee on Ways & Means

MAJORITY recommendation: That Substitute Senate Bill No. 5883 be substituted therefor, and the substitute bill do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Harper; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Schoesler and Tom.

MINORITY recommendation: That it be referred without recommendation. Signed by Senators Baumgartner; Holmquist Newbry and Padden.

Passed to Committee on Rules for second reading.

December 13, 2011

SB 5969 Prime Sponsor, Senator Kilmer: Concerning the establishment of procedures for the professional licensing of military spouses after relocation to Washington. Reported by Committee on Government Operations, Tribal Relations & Elections

MAJORITY recommendation: That Substitute Senate Bill No. 5969 be substituted therefor, and the substitute bill do pass. Signed by Senators Pridemore, Chair; Swecker; Chase and Nelson.

Passed to Committee on Rules for second reading.

December 13, 2011

SB 5974 Prime Sponsor, Senator Tom: Including project lead-the-way examinations on the master list of postsecondary courses fulfilled by proficiency examinations. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Baumgartner; Brown; Conway; Fraser; Harper; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Kohl-Welles; Padden; Pflug; Pridemore; Regala; Schoesler and Tom.

Passed to Committee on Rules for second reading.

December 13, 2011

SB 5987 Prime Sponsor, Senator Hargrove: Delaying implementation of certain provisions related to evaluations of persons under the involuntary treatment act. Reported by Committee on Ways & Means

MAJORITY recommendation: That Substitute Senate Bill No. 5987 be substituted therefor, and the substitute bill do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Harper; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Padden; Pridemore; Regala; Schoesler and Tom.

MINORITY recommendation: Do not pass. Signed by Senator Pflug.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Baumgartner.

Passed to Committee on Rules for second reading.

December 13, 2011

SB 5988 Prime Sponsor, Senator Hobbs: Making imperative changes to the foreclosure fairness act to ensure mediators' participation. Reported by Committee on Financial Institutions, Housing & Insurance

MAJORITY recommendation: That Substitute Senate Bill No. 5988 be substituted therefor, and the substitute bill do pass. Signed by Senators Hobbs, Chair; Fain; Haugen; Keiser and Litzow.

Passed to Committee on Rules for second reading.

December 13, 2011

SB 5994 Prime Sponsor, Senator Murray: Concerning the selling of unclaimed securities. Reported by Committee on Ways & Means

MAJORITY recommendation: Do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Brown; Conway; Fraser; Harper; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Schoesler and Tom.

MINORITY recommendation: Do not pass. Signed by Senator Padden.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Baumgartner.

Passed to Committee on Rules for second reading.

December 13, 2011

SJM 8009 Prime Sponsor, Senator Regala: Requesting respectfully for adoption of the federal main street fairness act. Reported by Committee on Ways & Means

MAJORITY recommendation: That Substitute Senate Joint Memorial No. 8009 be substituted therefor, and the substitute joint memorial do pass. Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Baumgartner; Brown; Conway; Fraser; Harper; Hatfield; Hewitt; Keiser; Kohl-Welles; Padden; Pflug; Pridemore; Regala; Schoesler and Tom.

MINORITY recommendation: Do not pass. Signed by Senator Holmquist Newbry.

MINORITY recommendation: That it be referred without recommendation. Signed by Senator Honeyford.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

MOTION

On motion of Senator Eide, the Senate advanced to the third order of business.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

December 13, 2011

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

FREDERICK MENDOZA, appointed November 21, 2011, for the term ending September 30, 2016, as Member, Board of Trustees, Community College District No. 9 (Highline Community College).

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Higher Education & Workforce Development.

MOTION

On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.

MOTION

On motion of Senator Eide, the Senate advanced to the fourth order of business.

MESSAGE FROM THE HOUSE

December 13, 2011

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2058,

SUBSTITUTE HOUSE BILL NO. 2131,

SUBSTITUTE HOUSE BILL NO. 2148,

SUBSTITUTE HOUSE BILL NO. 2169.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

At 10:10 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 1:14 p.m. by President Owen.

MOTION

On motion of Senator Eide, the Senate advanced to the sixth order of business.

SECOND READING

SENATE BILL NO. 5974, by Senators Tom, Litzow, Kilmer, Fain, Hewitt, Chase and Kohl-Welles

Including project lead-the-way examinations on the master list of postsecondary courses fulfilled by proficiency examinations.

The measure was read the second time.

MOTION

Senator Tom moved that the following amendment by Senators Tom and Hill be adopted:

0)On page 1, line 11, after "limited to" strike "project lead the way"

On page 1, line 11, after "examinations" insert "by a national multidisciplinary science, technology, engineering, and mathematics program"

Senator Tom spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Tom and Hill on page 1, line 11 to Senate Bill No. 5974.

The motion by Senator Tom carried and the amendment was adopted by voice vote.

MOTION

On motion of Senator Tom, the rules were suspended, Engrossed Senate Bill No. 5974 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Tom spoke in favor of passage of the bill.

MOTION

On motion of Senator Pridemore, Senator Hobbs was excused.

MOTION

On motion of Senator Ericksen, Senators Benton, Parlette and Roach were excused.

MOTION

On motion of Senator Ranker, Senator Rolfes was excused.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5974.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5974 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Excused: Senators Parlette and Roach

ENGROSSED SENATE BILL NO. 5974, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5988, by Senate Committee on Financial Institutions, Housing & Insurance (originally sponsored by Senators Hobbs, Litzow, Fain, Keiser, Frockt, Chase and Kline)

Making imperative changes to the foreclosure fairness act to ensure mediators' participation.

MOTIONS

On motion of Senator Hobbs, Substitute Senate Bill No. 5988 was substituted for Senate Bill No. 5988 and the substitute bill was placed on the second reading and read the second time.

On motion of Senator Hobbs, the rules were suspended, Substitute Senate Bill No. 5988 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Hobbs and Benton spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5988.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5988 and the bill passed the Senate by the following vote:. Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Parlette and Roach

SUBSTITUTE SENATE BILL NO. 5988, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5969, by Senators Kilmer, Becker, Carrell, Hobbs, Shin, Swecker, Conway, Eide, Rolfes, Harper, Kastama, Fain, Hatfield, King, Haugen, McAuliffe, Hargrove, Nelson, Tom, Pridemore, Keiser, Sheldon, Prentice, Hewitt, Zarelli, Baumgartner, Padden, Chase, Kline, Frockt, Brown, Kohl-Welles, Ranker, Murray, Regala and Parlette

Concerning the establishment of procedures for the professional licensing of military spouses after relocation to Washington.

MOTION

On motion of Senator Kilmer, Substitute Senate Bill No. 5969 was substituted for Senate Bill No. 5969 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Kilmer moved that the following striking amendment by Senators Kilmer, Pridemore and Swecker be adopted:

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The lives of military families are dominated by frequent deployments, relocations, and extended periods of single parenthood. Military spouses are some of the most mobile populations in our country, making the maintenance of professional licenses a significant obstacle. According to the 2010 defense management data center, there are thirty-three thousand three hundred eighty active duty and ten thousand eight hundred thirty-seven reserve military spouses residing in Washington. Military families depend on two incomes and want to achieve their goals and aspirations. It is the intent of the legislature to recognize the sacrifices made by military families in service to our country and our state and to help alleviate the hardships military families face due to their highly transient life.

NEW SECTION. Sec. 2. (1) For the purposes of this section, "authority" means any board, commission, or other authority for issuance of a license, certificate, registration, or permit under this title.

(2) To the extent resources are available:

(a) Each authority shall establish procedures to expedite the issuance of a license, certificate, registration, or permit to perform professional services regulated by each such authority to a person:

(i) Who is certified or licensed, certified, or registered, or has a permit in another state to perform professional services in that state;

(ii) Whose spouse is the subject of a military transfer to Washington; and

(iii) Who left employment in the other state to accompany the person's spouse to Washington.

(b) The procedure must include a process for issuing the person a license, certificate, registration, or permit, if, in the opinion of the authority, the requirements for licensure, certification, registration, or obtaining a permit of such other state are substantially equivalent to that required in Washington.

(c) Each authority in this title shall develop a method and adopt rules to authorize a person who meets the criteria in (a)(i) through (iii) of this subsection to perform services regulated by the authority in Washington by issuing the person a temporary license, certificate, registration, or permit for a limited period of time to allow the person to perform services regulated by the authority while completing any specific additional requirements in Washington that are not related to training or practice standards of the profession that were not required in the other state in which the person is licensed, certified, or registered, or has a permit. Nothing in this section requires the authority to issue a temporary license, certificate, registration, or permit if the standards of the other state are substantially unequal to Washington standards.

(d) An applicant must state in the application that he or she:

(i) Has requested verification from the other state or states that the person is currently licensed, certified, registered, or has a permit; and

(ii) Is not subject to any pending investigation, charges, or disciplinary action by the regulatory body of the other state or states.

(e) If the authority finds reasonable cause to believe that an applicant falsely affirmed or stated either of the requirements under (d)(i) or (ii) of this subsection, the authority may summarily suspend the license, certificate, registration, or permit pending an investigation or further action to discipline or revoke the license, certificate, registration, or permit.

NEW SECTION. Sec. 3. The regulating authorities for the department of licensing, the department of health, the department of labor and industries, and the superintendent of public instruction shall appear before the joint committee on veteran and military affairs in December 2012 to inform the committee as to their efforts to implement the requirements of this chapter.

Sec. 4. RCW 28A.410.010 and 2005 c 497 s 203 are each amended to read as follows:

(1)(a) The Washington professional educator standards board shall establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.

(b) In establishing rules pertaining to the qualifications of instructors of American sign language the board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

(c) The board shall develop rules consistent with section 2 of this act for the certification of spouses of military personnel.

(2) The superintendent of public instruction shall act as the administrator of any such rules and have the power to issue any certificates or permits and revoke the same in accordance with board rules.

NEW SECTION. Sec. 5. A new section is added to chapter 19.105 RCW to read as follows:

The director shall develop rules consistent with section 2 of this act for the registration of spouses of military personnel.

NEW SECTION. Sec. 6. A new section is added to chapter 46.82 RCW to read as follows:

The director shall develop rules consistent with section 2 of this act for the licensure of spouses of military personnel.

NEW SECTION. Sec. 7. A new section is added to chapter 42.44 RCW to read as follows:

The director shall develop rules consistent with section 2 of this act for the appointment of spouses of military personnel to perform notarial acts in this state.

NEW SECTION. Sec. 8. A new section is added to chapter 67.08 RCW to read as follows:

The director shall develop rules consistent with section 2 of this act for the licensure of spouses of military personnel.

NEW SECTION. Sec. 9. A new section is added to chapter 64.36 RCW to read as follows:

The director shall develop rules consistent with section 2 of this act for the registration of spouses of military personnel.

NEW SECTION. Sec. 10. Sections 1 and 2 of this act constitute a new chapter in Title 18 RCW."

Senator Kilmer spoke in favor of adoption of the striking amendment.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kilmer, Pridemore and Swecker to Substitute Senate Bill No. 5969.

The motion by Senator Kilmer carried and the striking amendment was adopted by voice vote.

MOTION

There being no objection, the following title amendment was adopted:

On page 1, line 3 of the title, after "Washington;" strike the remainder of the title and insert "amending RCW 28A.410.010; adding a new section to chapter 19.105 RCW; adding a new section to chapter 46.82 RCW; adding a new section to chapter 42.44 RCW; adding a new section to chapter 67.08 RCW; adding a new section to chapter 64.36 RCW; adding a new chapter to Title 18 RCW; and creating a new section."

MOTION

On motion of Senator Kilmer, the rules were suspended, Engrossed Substitute Senate Bill No. 5969 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Kilmer, Swecker and Conway spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5969.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5969 and the bill passed the Senate by the following vote:. Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Parlette and Roach

ENGROSSED SUBSTITUTE SENATE BILL NO. 5969, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8009, by Senators Regala and Nelson

Requesting respectfully for adoption of the federal main street fairness act. Revised for 1st Substitute: Requesting respectfully the adoption of federal legislation granting states remote collection authority for remote sales.

MOTIONS

On motion of Senator Regala, Substitute Senate Joint Memorial No. 8009 was substituted for Senate Joint Memorial No. 8009 and the substitute memorial was placed on the second reading and read the second time.

On motion of Senator Regala, the rules were suspended, Substitute Senate Joint Memorial No. 8009 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.

Senator Regala spoke in favor of passage of the memorial.

The President declared the question before the Senate to be the final passage of Substitute Senate Joint Memorial No. 8009.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8009 and the memorial passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

Voting yea: Senators Baumgartner, Becker, Brown, Carrell, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Schoesler, Sheldon, Shin, Swecker, Tom and Zarelli

Voting nay: Senators Benton, Ericksen, Hill, Holmquist Newbry, Honeyford and Stevens

Excused: Senators Parlette and Roach

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009, having received the constitutional majority, was declared passed.

MOTION

On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 2160.

and the same is herewith transmitted.

BARBARA BAKER, Chief Clerk

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 2159.

and the same is herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

On motion of Senator Eide, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 5995 by Senators Delvin and Hewitt

AN ACT Relating to urban growth area boundary modifications for industrial land; reenacting and amending RCW 36.70A.130; and adding a new section to chapter 36.70A RCW.

Referred to Committee on Government Operations, Tribal Relations & Elections.

SB 5996 by Senators Schoesler, Hatfield, Haugen, Becker and Fraser

AN ACT Relating to contiguous land under the current use open space property tax programs; and amending RCW 84.34.020, 84.34.030, and 84.33.130.

Referred to Committee on Agriculture, Water & Rural Economic Development.

SB 5997 by Senator Hargrove

AN ACT Relating to the Olympic natural resources center; and amending RCW 43.30.820 and 43.30.810.

Referred to Committee on Energy, Natural Resources & Marine Waters.

SB 5998 by Senator Hargrove

AN ACT Relating to the discover pass; amending RCW 79A.80.020, 79A.80.040, 79A.80.080, and 79A.80.010; and creating a new section.

Referred to Committee on Energy, Natural Resources & Marine Waters.

MOTION

On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.

SUPPLEMENTAL INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 2058 by House Committee on Ways & Means (originally sponsored by Representative Hunter)

AN ACT Relating to fiscal matters; amending RCW 28B.50.837, 28B.76.565, 28B.76.565, 28B.76.605, 28B.76.605, 43.21A.660, 43.79.460, 43.320.110, 70.96A.350, and 79.105.150; amending 2011 1st sp.s. c 50 ss 101, 102, 107, 109, 110, 111, 113, 114, 116, 118, 119, 121, 122, 123, 125, 126, 127, 129, 130, 131, 134, 135, 138, 140, 141, 143, 144, 145, 146, 148, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 617, 618, 619, 620, 621, 622, 701, 703, 704, 713, and 805 (uncodified); reenacting and amending RCW 43.19.791; adding new sections to 2011 1st sp.s. c 50 (uncodified); repealing 2011 1st sp.s. c 50 ss 139, 722, and 725 (uncodified); making appropriations; providing effective dates; providing expiration dates; and declaring an emergency.

SHB 2131 by House Committee on Ways & Means (originally sponsored by Representatives Dickerson and Hunter)

AN ACT Relating to delaying implementation of provisions regarding evaluations of persons under the involuntary treatment act; amending RCW 71.05.212; amending 2010 c 280 s 5 (uncodified); providing an effective date; providing an expiration date; and declaring an emergency.

SHB 2148 by House Committee on Ways & Means (originally sponsored by Representatives Darneille and Hunter)

AN ACT Relating to suspending annual examinations and show cause hearings for sexually violent predators convicted of a criminal offense or awaiting trial on criminal charges; amending RCW 71.09.070 and 71.09.090; and declaring an emergency.

EHB 2159 by Representatives Maxwell, Pettigrew, Sells, Seaquist, Orwall, Hansen, Probst, Carlyle, Jinkins, Billig, Lytton and Dahlquist

AN ACT Relating to grant opportunities for high school aerospace assembler, skill center manufacturing, and high school project lead the way STEM career courses; adding new sections to chapter 28A.700 RCW; and creating a new section.

HB 2160 by Representatives Maxwell, Dammeier, Springer, Pettigrew, Sullivan, Sells, Orwall, Hansen, Probst, Carlyle, Jinkins, Billig, Lytton and Dahlquist

AN ACT Relating to revised standards and assessments for teacher certification integrating STEM knowledge and skills; adding new sections to chapter 28A.410 RCW; and creating a new section.

SHB 2169 by House Committee on Ways & Means (originally sponsored by Representatives Hasegawa, Kenney and Ormsby)

AN ACT Relating to modifying the uniform unclaimed property act; amending RCW 63.29.220 and 63.29.240; creating a new section; and declaring an emergency.

MOTION

On motion of Senator Eide, and without objection, Substitute House Bill No. 2058 , Substitute House Bill No. 2131 Substitute House Bill No. 2148, Engrossed House Bill No. 2159, House Bill No. 2160 and Substitute House Bill No. 2169 were placed on the second reading calendar under suspension of the rules.

MOTION

On motion of Senator Eide, the Senate advanced to the sixth order of business.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2058, by House Committee on Ways & Means (originally sponsored by Representative Hunter)

Relating to fiscal matters. Revised for 1st Substitute: Making 2011-2013 supplemental operating appropriations.

The measure was read the second time.

MOTION

On motion of Senator Murray, the rules were suspended, Substitute House Bill No. 2058 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Murray, Zarelli and Hargrove spoke in favor of passage of the bill.

POINT OF INQUIRY

Senator Harper: “Will Senator Murray yield to a question? Thank you, Annual state payments to school districts for bus replacement costs are currently deposited in districts' Transportation Vehicle Funds each October. This early action budget bill moves the schedule of state payments to August of each year, beginning with the 2012-13 school year. The planned October 2012 allocation will be made in August 2013. More than two dozen school districts have pledged funds from this revenue to pay debt service on bus purchases. Since those payments are made in December and June of each year, it is possible that some districts will need to pay debt service from their General Funds until the August 2013 allocation from the state reimburses the district. How might the Legislature respond if the delayed state allocation causes financial hardship to a school district?”

Senator Murray: “Yes, we recognize that it is possible some school districts may experience financial difficulties in making their debt payments for transportation purposes. It is the Legislature's intent to examine the permissible use of any emergency contingency funds provided in the 2012 supplemental budget for consideration of temporary assistance in the event of fiscal hardship relating to the delayed state allocation.”

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2058.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2058 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Voting nay: Senators Baumgartner, Ericksen, Holmquist Newbry, Morton, Padden and Roach

Excused: Senator Parlette

SUBSTITUTE HOUSE BILL NO. 2058, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2131, by House Committee on Ways & Means (originally sponsored by Representatives Dickerson and Hunter)

Delaying implementation of certain provisions related to evaluations of persons under the involuntary treatment act.

The measure was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2131 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Hargrove spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2131.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2131 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Voting nay: Senator Pflug

Excused: Senator Parlette

SUBSTITUTE HOUSE BILL NO. 2131, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2148, by House Committee on Ways & Means (originally sponsored by Representatives Darneille and Hunter)

Suspending annual examinations and show cause hearings for sexually violent predators convicted of a criminal offense or awaiting trial on criminal charges.

The measure was read the second time.

MOTION

On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 2148 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators Regala and Carrell spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2148.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2148 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Excused: Senator Parlette

SUBSTITUTE HOUSE BILL NO. 2148, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

ENGROSSED HOUSE BILL NO. 2159, by Representatives Maxwell, Pettigrew, Sells, Seaquist, Orwall, Hansen, Probst, Carlyle, Jinkins, Billig, Lytton and Dahlquist

Regarding grant opportunities for STEM career courses.

The measure was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Engrossed House Bill No. 2159 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators McAuliffe and Litzow spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2159.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2159 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Excused: Senator Parlette

ENGROSSED HOUSE BILL NO. 2159, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

HOUSE BILL NO. 2160, by Representatives Maxwell, Dammeier, Springer, Pettigrew, Sullivan, Sells, Orwall, Hansen, Probst, Carlyle, Jinkins, Billig, Lytton and Dahlquist

Regarding revised standards and assessments for teacher certification integrating STEM knowledge and skills.

The measure was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, House Bill No. 2160 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senators McAuliffe, Brown and Litzow spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of House Bill No. 2160.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2160 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Excused: Senator Parlette

HOUSE BILL NO. 2160, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2169, by House Committee on Ways & Means (originally sponsored by Representatives Hasegawa, Kenney and Ormsby)

Modifying the uniform unclaimed property act.

The measure was read the second time.

MOTION

On motion of Senator Tom, the rules were suspended, Substitute House Bill No. 2169 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Senator Tom spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2169.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2169 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

Voting yea: Senators Becker, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli

Voting nay: Senators Baumgartner, Benton, Holmquist Newbry and Padden

Excused: Senator Parlette

SUBSTITUTE HOUSE BILL NO. 2169, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

Pursuant to Rule 46, on motion of Senator Eide, and without objection, the Committees on Economic Development, Trade & Innovation, Energy, Natural Resources & Marine Waters; and Health & Long-Term Care were granted special leave and allowed to meet during the day’s floor session.

PERSONAL PRIVILEGE

Senator Padden: “Well, I just wanted to thank the body so much for their efforts last January 21^st in passing Senate Resolution No. 8600 honoring my predecessor, elected predecessor, Bob McCaslin who came into the Legislature when I did in 1981. We were close for many, many years and as you all know he was a delight to be around ‘most of the time’ and had certainly the greatest sense of humor of anybody I have ever met in my life. You know we could really be using his wisdom today. He came up with the way to solve our budget crisis. He said it would be very easy. All you’d have to do, and this is one of the few taxes the Bob or I could probably support, and that would be put a tax on floor speeches in the Senate and that would probably solve the problems. But, anyway, we remember Bob for many things and also he was the last World War II Veteran, as I understand, to serve in the Senate. It’s great to be back here to see so many friends, so many people I served with in the House and I look forward for a productive session with everybody come January. Thank you very much Mr. President. I guess there is a senate tradition I heard about. I was told about by the Senator from the Ninth District. Hopefully those things will be distributed to you very shortly.”

PERSONAL PRIVILEGE

Senator Hargrove: “Well, thank you Mr. President. I want to welcome Senator Padden here and let him know he has moved to the more deliberative body. I actually served with Mike in the House. I think it was a couple of Millenia ago and he was the Minority lead on the Judiciary Committee where Marlin Applewick would run sometimes twenty-five or thirty bills within a half hour. He would have his railroad engineer’s hat on and a whistle and we’d go through exec session and nobody knew what was in those bills, including Mike, and so we can expect that same attention to detail here. But also, we do things a little bit slower in the Senate except in our committee where you’ll see executive sessions much like the Judiciary Committee of old so it will remind you of old home week. I wanted to close with one thing, Senator Padden, you are no Bob McCaslin.”

PERSONAL PRIVILEGE

Senator Schoesler: “Having served in the other body and looked back in history I have a few memories of the new Senator from the Ninth District. It appeared in the last election he was called liberal by some and he was an early liberal, let me assure you. He was the renegade who backed the notorious Ronald Regan in the 1976 Electoral College which now makes you a winner of a trivia contest. He also was one of the troglodytes and he warned of the ills of a sales tax on food. But then, like Austin Powers, Mike was frozen away for a while, twenty years or so Mike was frozen in time just like Austin Powers in the movies and when he came back he had a cell phone when he came here. It is about the size of a shoe box. He asked if his Legislative Assistant could have a typewriter like the old days, he asked where all the big cars went to that were made in Detroit and if they had an eight track tape player or record albums in his office and asked what had become of Regan and President Bush and they said ‘Well, W is back in Texas’ he said No, ‘His father, want to check that out.’ So, I would urge all of you to help Mike, aka, Austin Powers, adjust to this century we’re in.”

PERSONAL PRIVILEGE

Senator Brown: “Thank you Mr. President. I would also like to welcome my new colleague from the Spokane Valley to the Senate. And to say yes, things have changed Mike since you and I first served together in the House in 1993. As I recall I had one little baby and you had five. You and Laura were raising your children with Denny and Jeanne Dellwo who now serves as my Legislative Assistant. I believe you brought your entire family over for every legislative session and that inspired me to do the same with my son. As I recall you were considered to be on the right side of your party and now I don’t know what’s changed but you’re in the middle. You’re the moderate from the Fourth District this time around and so a lot of things have changed. I will tell you one thing that has not changed from today’s apparently from what we’ve seen today and that is, you still vote ‘no’ a lot.”

REMARKS BY THE PRESIDENT

President Owen: “And you’re still the liberal from Spokane.”

PERSONAL PRIVILEGE

Senator Stevens: “Thank you, I too would like to welcome the Senator from Spokane area and I have almost forgiven him for the fact that he recruited me to run for the House many, many years ago. In 1991 he came knocking on my door and said, ‘There is going to be an empty seat and I would urge you to run for the legislature.’ At that time, speaking of history as Senator Schoesler was doing, I can remember my Legislative Assistant was trained to work the computer with a box. They brought a box to her office and she was taught how to run the computer using an empty box. I never quite figured out how that worked, certainly not for today. Many things have changed in those years having served in the House. I also had difficulty forgiving the Senator when he left the House to become a judge, he kind of brought me in and then abandoned me so I had a difficult time adjusting to that as well. But we will be happy to welcome you to the Senate, certainly Senator Padden and we will also be happy to teach you some of the things you have missed while you have been away. Thank you Mr. President.”

PERSONAL PRIVILEGE

Senator Delvin: “Thank you Mr. President. Welcome to Senator Padden. I was your when I was first elected, I was your Vice Chair on along with representative at that time named Tim Hickel. They called us Bevis and Butt-head, I don’t know why that was, but I thought we were good Vice Chairs for you. I was a police officer and he was an attorney so I think we kept a balance there for you. I think we probably made you lose a lot of your hair then but we brought a different perspective but I just want to welcome you to the Senate and thank you for the gift.”

REMARKS BY THE PRESIDENT

President Owen: “Senator Padden, the President can’t help but notice that there are things on the member’s desk and I am looking around up here...”

MOTION

At 2:53 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 3:34 p.m. by President Owen.

MOTION

On motion of Senator Eide, the Senate reverted to the fifth order of business.

SECOND SUPPLEMENTAL INTRODUCTION AND FIRST READING

SCR 8405 by Senators Brown and Hewitt

Adjourning sine die.

SCR 8406 by Senators Brown and Hewitt

Returning bills to their house of origin.

MOTION

On motion of Senator Eide and without objection Senate Concurrent Resolution No. 8405 and Senate Concurrent Resolution No. 8406 were placed on the second reading calendar under suspension of the rules.

MOTION

On motion of Senator Eide, the Senate advanced to the sixth order of business.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8406, by Senators Brown and Hewitt

Returning bills to their house of origin.

The measure was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Concurrent Resolution No. 8406 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8406.

SENATE CONCURRENT RESOLUTION NO. 8406 was adopted on third reading by voice vote.

SECOND READING

SENATE CONCURRENT RESOLUTION NO. 8405, by Senators Brown and Hewitt

Adjourning sine die.

The measure was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Concurrent Resolution No. 8405 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8405.

SENATE CONCURRENT RESOLUTION NO. 8405 was adopted on third reading by voice vote.

MOTION

On motion of Senator Eide and without objection, all measures remaining on the second and third reading calendars all bills held at the desk were returned to the Committee on Rules.

MOTION

On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5969,

ENGROSSED SENATE BILL NO. 5974,

SUBSTITUTE SENATE BILL NO. 5988,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5969,

ENGROSSED SENATE BILL NO. 5974,

SUBSTITUTE SENATE BILL NO. 5988,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009.

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The House has adopted:

SENATE CONCURRENT RESOLUTION NO. 8405,

SENATE CONCURRENT RESOLUTION NO. 8406.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SENATE CONCURRENT RESOLUTION NO. 8405,

SENATE CONCURRENT RESOLUTION NO. 8406.

December 14, 2011

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 2058,

SUBSTITUTE HOUSE BILL NO. 2131,

SUBSTITUTE HOUSE BILL NO. 2148,

ENGROSSED HOUSE BILL NO. 2159,

HOUSE BILL NO. 2160,

SUBSTITUTE HOUSE BILL NO. 2169.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 2058,

SUBSTITUTE HOUSE BILL NO. 2131,

SUBSTITUTE HOUSE BILL NO. 2148,

ENGROSSED HOUSE BILL NO. 2159,

HOUSE BILL NO. 2160,

SUBSTITUTE HOUSE BILL NO. 2169.

MESSAGE FROM THE HOUSE

December 14, 2011

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 5969,

ENGROSSED SENATE BILL NO. 5974,

SUBSTITUTE SENATE BILL NO. 5988,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8009,

SENATE CONCURRENT RESOLUTION NO. 8405,

SENATE CONCURRENT RESOLUTION NO. 8406.

and the same are herewith transmitted.

BARBARA BAKER, Chief Clerk

MOTION

On motion of Senator Eide, the reading of the Journal for the 17^th day of the Second Special Session of the 62^nd Legislature was dispensed with and it was approved.

MOTION

Under the provisions of SENATE CONCURRENT RESOLUTION NO. 8406, the following House Bills were returned to the House of Representatives:

SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1365,

ENGROSSED HOUSE BILL NO. 2145.

MOTION

At 3:49 p. m., on motion of Senator Eide, the 2011 Second Special Session of the Sixty-Second Legislature adjourned SINE DIE.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate